EXPERT: AMENDED ARTICLE 301 WON’T EASE PRESSURE ON TURKEY

PanARMENIAN.Net
02.05.2008 15:53 GMT+04:00

/PanARMENIAN.Net/ Making amendments to article 301, which had for
a long time been a "stumbling block" for freedom of expression in
Turkey, testified that the country has moved towards the standards
of the European democracy, but it may be insufficient step in light
of the European Union.

"The new law is certainly an improvement over the previous one,
which has been heavily criticized internationally. However, in the
minds of many observers it still does not go far enough," English
political analyst, Professor of Kingston University James Ker-Lindsay
said. "There is a general feeling that a law of this kind has no real
place in a modern, European democracy."

"People will still face a very real threat of prosecution for raising
issues that many feel can only be addressed through frank and open
discussion in society. In this sense, the amendment falls short of the
democratic standards Turkey should really be trying to meet," he said.

According to him, there is no doubt that many in Europe will welcome
the amendments. "However, it will not be seen as a major change for
the better. Instead, it will be regarded as just another small step
towards democratization," he remarked.

"I fully expect that in a few years, the Turkish Government will
come under pressure to repeal the article altogether. However, at
this stage there is a feeling that all progress, no matter how small,
should be welcomed. In this sense, I don’t think that the amendment
will have any major effect on Turkish-EU relations, nor will it be
enough to ease the general feeling in Europe that Turkey needs to
make significant changes to its political system if it ants to join
the EU. All-in-all, it is a welcome move.

However, I don’t think that it will end the pressure on Turkey on
this issue," Prof. Ker-Lindsay said, Trend Azeri news agency reports.

The Turkish parliament Wednesday passed a long-awaited amendment to
a law penalizing insults to "Turkishness" that has drawn strong EU
criticism as a threat to free speech in the country.

The amendment, softening article 301 of the penal code, was adopted
with the support of 250 MPs in the 550-member house at the end of
an eight-hour debate that started Tuesday afternoon and continued
throughout the night amid fierce opposition from nationalist deputies.

Under the amendment, "Turkishness" – a term criticized as too broad
and vague – was replaced with the "Turkish nation" and the envisaged
jail term decreased from three to two years, allowing the sentence
to be suspended or converted to a fine.

In a bid to make trials under the law more difficult, the provision
now requires the justice minister’s approval before prosecutors can
launch cases. Also, a section that called for increased sanctions
for such crimes committed abroad was removed from the law.